Business of Law

Expert Analysis

• How Law Firms Can Create Content Decision Makers Will Read

  

  According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

• Opinion

  Limits Of Justice System Prevent Scrutiny Of Gender Bias

  

  A Jane Doe plaintiff’s recent decision to no longer remain a named plaintiff in a sex discrimination class action against Jones Day, in order to avoid risks of disclosing her identity, speaks volumes about the structural challenges that allow discrimination to persist in some of our country’s most powerful business sectors, says Joseph Abboud at Katz Marshall.

• Opinion

  Litigation Finance Can And Should Protect Its Reputation

  

  This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• US V. Craig And The Criminalization Of Nondisclosure

  

  A D.C. federal court's recent decision in United States v. Greg Craig highlights important points about the contours of a concealment charge under the false statements statute — under which silence can be criminal — and indicates that deliberate engagement with a governmental unit can itself impose a duty to disclose, say Eric Nitz and Emily Damrau of MoloLamken.

• Opinion

  Clients Benefit From Law Firm Expense Growth

  

  Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

• Opinion

  Changing Ethics Rules Is Key To Law Firm Innovation

  

  As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

• National Coordinating Counsel: Key To Virtual Mass Tort Team

  

  The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

• Calif. Justices Create Arbitration Compromise Conundrum

  

  The California Supreme Court’s recent decision in Heimlich v. Shivji leaves parties in arbitration that made or intend to make an offer to compromise under Section 998 of the California Civil Procedure Code with difficult choices regarding when and how to notify arbitrators about existing offers, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

• Series

  Judging A Book: Castillo Reviews 'Raising The Bar'

  

  A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.

• Debunking 3 Myths About Contract Attorneys

  

  Although contract attorneys represent a quality source of legal work, inaccurate assumptions cause many legal departments and law firms to hesitate when considering them, say Matthew Weaver and Shannon Murphy of Major Lindsey.

• Compliance Imperatives For Defensible Data Disposal

  

  Companies in a host of industries have recently faced steep compliance fines for data breaches from domestic and international regulators. Defensible disposal of corporate data presents an excellent opportunity to mitigate the impact of these data-driven risks, says Julia Brickell of H5.

• A Litigator’s Reflections From The Arbitrator’s Chair

  

  The U.S. Supreme Court's opinions this term in Henry Schein and Lamps Plus remind us of the fundamental difference between arbitration and litigation. Yet, as a commercial litigator who serves as a neutral arbitrator, I have observed that experienced litigators often fail to adapt their approach in arbitration, says Paula Litt at Honigman.